Low Voltage Electrical Equipment Regulations, 2016
Table of Provisions (25)
Statutory Text (25 Articles)
Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,549, 22 ta’ Marzu, 2016
L.N. 97 of 2016
PRODUCT SAFETY ACT
(CAP. 427)
Low Voltage Electrical Equipment Regulations, 2016
IN exercise of the powers conferred by articles 38 and 39 of the
Product Safety Act, the Minister for Social Dialogue, Consumer
Affairs and Civil Liberties, on the advice of the Malta Competition
and Consumer Affairs Authority, has made the following regulations:-
(1) The title of these regulations is Low Voltage Title and
commencement.
Electrical Equipment Regulations, 2016.
(2) These regulations transpose Directive 2014/35/EU of the
European Parliament and of the Council of 26 February 2014 on low
voltage electrical equipment and repealing Directive 2006/95/EC.
(3) These regulations lay down requirements for products
referred to in regulation 2(1) and made available on the market, and
shall apply as from the 20th April, 2016.
PRINCIPAL ELEMENTS OF THE SAFETY OBJECTIVES FOR ELECTRICAL
EQUIPMENT DESIGNED FOR USE WITHIN CERTAIN VOLTAGE LIMITS
1. General conditions
(a)
The essential characteristics, the recognition and observance of
which will ensure that electrical equipment will be used safely and
in applications for which it was made, shall be marked on the
equipment, or, if this is not possible, on an accompanying
document.
(b)
The electrical equipment, together with its component parts
should be made in such a way as to ensure that it can be safely and
properly assembled and connected.
(c)
The electrical equipment should be designed and manufactured as
to ensure that protection against the hazards set out in points 2 and
3 is assured providing that the equipment is used in applications
for which it was made and is adequately maintained.
2. Protection against hazards arising from electrical equipment
Measures of a technical nature should be described in accordance with
point l, in order to ensure that
(a)
persons and domestic animals are adequately protected against
danger of physical injury or other harm which might be caused by
electrical contact direct or indirect;
(b)
temperatures, arcs or radiation which would cause a danger, are
not produced;
(c)
persons, domestic animals and property are adequately protected
against non-electrical dangers caused by electrical equipment
which are revealed by experience;
(d)
the insulation is suitable for foreseeable conditions.
3. Protection against hazards which may be caused by external
influences on the electrical equipment
Technical measures are to be laid down in accordance with point 1, in
order to ensure that the electrical equipment
(a)
meets the expected mechanical requirements in such a way that
persons, domestic appliances and property are not endangered;
(b)
is resistant to non-mechanical influences in expected
environmental conditions, in such a way that persons, domestic
animals and property are not endangered;
(c)
does not endanger persons, domestic animals and property in
foreseeable conditions of overload.
(1) These regulations shall apply to electrical Scope.
equipment, designed for use with a voltage rating of between 50 and
1000 V for alternating current and between 75 and 1500 V for direct
current.
(2) These regulations shall not apply to the electrical
equipment and phenomena listed in Schedule II.
EQUIPMENT AND PHENOMENA
OUTSIDE THE SCOPE OF THESE REGULATIONS
Electrical equipment for use in an explosive atmosphere.
Electrical equipment for radiology and medical purposes.
Electrical parts for goods and passenger lifts.
Electricity meters.
Plugs and socket outlets for domestic use.
Electric fence controllers.
Radio-electrical interference.
Specialized electrical equipment, for use on ships, aircraft or railways, which
complies with the safety provisions drawn up by international bodies in
which the Member States participate.
Custom built evaluation kits destined for professionals to be used solely at
research and development facilities for such purposes.
In these regulations, unless the context otherwise requires
Interpretation.
"authorised representative" means any natural or legal person
established within the Union who has received a written mandate
from a manufacturer to act on his behalf in relation to specified tasks;
"the Authority" means the Malta Competition and Consumer
Affairs Authority established by article 3 of the Malta Competition
and Consumer Affairs Authority Act;
"CE marking" means a marking by which the manufacturer
indicates that the electrical equipment is in conformity with the
applicable requirements set out in Union harmonisation legislation
providing for its affixing;
"conformity assessment" means the process demonstrating
whether the safety objectives referred to in regulation 5 and set out in
Schedule I relating to electrical equipment have been fulfilled;
"distributor" means any natural or legal person in the supply
chain, other than the manufacturer or the importer, who makes
electrical equipment available on the market;
"economic operators" means the manufacturer, the authorised
representative, the importer and the distributor;
"harmonised standard" means harmonised standard as defined in
paragraph (c) of point 1 of Article 2, "a European standard adopted on
the basis of a request made by the Commission for the application of
Union harmonisation legislation" of Regulation EU. No 1025/2012 of
the European Parliament and of the Council of 25 October 2012;
"importer" means any natural or legal person established within
the Union who places electrical equipment from a third country on the
Union market;
"making available on the market" means any supply of electrical
equipment for distribution, consumption or use on the Union market
in the course of a commercial activity, whether in return for payment
or free of charge;
"manufacturer" means any natural or legal person who
manufactures electrical equipment or has electrical equipment
designed or manufactured, and markets that equipment under his
name or trade mark;
"MSD" means the Market Surveillance Directorate within the
TRD;
"placing on the market" means the first making available of
electrical equipment on the Union market;
"recall" means any measure aimed at achieving the return of
electrical equipment that has already been made available to the end-
user;
"technical specification" means a document that prescribes
technical requirements to be fulfilled by an electrical equipment;
"TRD" means the Technical Regulations Division within the
Authority;
"Union harmonisation legislation" means any Union legislation
harmonising the conditions for the marketing of products;
"withdrawal" means any measure aimed at preventing electrical
equipment in the supply chain from being made available on the
market.
MODULE A
Internal production control
1. Internal production control is the conformity assessment procedure
whereby the manufacturer fulfils the obligations laid down in points 2,
3 and 4, and ensures and declares on his sole responsibility that the
electrical equipment concerned satisfy the requirements of these
regulations that apply to it.
Technical documentation
2. The manufacturer shall establish the technical documentation. The
documentation shall make it possible to assess the electrical
equipment’s conformity to the relevant requirements, and shall include
an adequate analysis and assessment of the risk(s). The technical
documentation shall specify the applicable requirements and cover, as
far as relevant for the assessment, the design, manufacture and
operation of the electrical equipment. The technical documentation
shall, where applicable, contain at least the following elements
(a)
a general description of the electrical equipment;
(b)
conceptual design and manufacturing drawings and schemes of
components, sub-assemblies, circuits, etc.;
(c)
descriptions and explanations necessary for the understanding of
those drawings and schemes and the operation of the electrical
equipment;
(d)
a list of the harmonised standards applied in full or in part the
references of which have been published in the Official Journal of
the European Union or international or national standards referred
to in regulation 12 and, where those harmonised standards or
international or national standards have not been applied,
descriptions of the solutions adopted to meet the safety objectives
of these regulations, including a list of other relevant technical
specifications applied. In the event of partly applied harmonised
standards or international or national standards referred to in
regulation 12, the technical documentation shall specify the parts
which have been applied;
(e)
results of design calculations made, examinations carried out, etc.;
and
(f)
test reports.
Manufacturing
3. The manufacturer shall take all measures necessary so that the
manufacturing process and its monitoring ensure compliance of
the manufactured electrical equipment with the technical
documentation referred to in point 2 and with the requirements of
these regulations that apply to it.
CE marking and EU declaration of conformity
4.
4.1. The manufacturer shall affix the CE marking to each individual
electrical equipment that satisfies the applicable requirements of
these regulations.
4.2. The manufacturer shall draw up a written EU declaration of
conformity for a product model and keep it together with the
technical documentation at the disposal of the national market
surveillance authorities for 10 years after the electrical equipment
has been placed on the market. The EU declaration of conformity
shall identify the electrical equipment for which it has been drawn
up.
A copy of the EU declaration of conformity shall be made
available to the relevant market surveillance authorities upon
request.
Authorised representative
5. The manufacturer’s obligations set out in point 4 may be fulfilled
by his authorised representative, on his behalf and under his
responsibility, provided that they are specified in the mandate.
Any electrical equipment in conformity with Directive Transitional
2006/95/EC and placed on the market before 20 April 2016 will not provisions.
be impeded from being made available on the market.
EU DECLARATION OF CONFORMITY (No. XXXX) ( * )
1. Product model/product (product, type, batch or serial number)
2. Name and address of the manufacturer or his authorised
representative
3. This declaration of conformity is issued under the sole
responsibility of the manufacturer.
4. Object of the declaration (identification of electrical equipment
allowing traceability; it may include a colour image of sufficient
clarity where necessary for the identification of the electrical
equipment)
5. The object of the declaration described above is in conformity
with the relevant Union harmonisation legislation
6. References to the relevant harmonised standards used or
references to the other technical specifications in relation to which
conformity is declared
7. Additional information
Signed for and on behalf of
(place and date of issue)
(name, function) (signature)
* It is optional for the manufacturer to assign a number to the declaration of conformity.
B
B
B
€0.90
(1) Electrical equipment as referred to in regulation 2(1) Conformity with
may be made available on the market only if, having been constructed safety criteria.
in accordance with good engineering practice in safety matters in
force, it does not endanger the health and safety of persons and
domestic animals, or property, when properly installed and
maintained and used in applications for which it was made.
(2) The principal elements of the safety objectives referred to
in sub-regulation (1) are listed in Schedule I.
(3) All appropriate measures shall be taken to ensure that if
electrical equipment is of such a nature as to comply with the
provisions referred to in sub-regulation (1), subject to the conditions
laid down in regulations 6(1), 6(2), 6(3) and 6(4), the free movement
thereof in Malta shall not be impeded for reasons of safety.
(4) In relation to electrical equipment, stricter safety
requirements than those referred to in sub-regulation (1) shall not be
imposed by electricity supply bodies for connection to the grid, or for
the supply of electricity to users of electrical equipment.
(1) When placing their electrical equipment on the Obligations of
market, manufacturers shall ensure that it has been designed and manufacturers.
manufactured in accordance with the safety objectives referred to in
regulation 5 and set out in Schedule I.
(2) Manufacturers shall draw up the technical documentation
referred to in Schedule III and carry out the conformity assessment
procedure referred to in Schedule III or have it carried out.
(3) Where compliance of electrical equipment with the safety
objectives referred to in regulation 5 and set out in Schedule I has
been demonstrated by the conformity assessment procedure referred
to in sub-regulation (1), manufacturers shall draw up an EU
declaration of conformity and affix the CE marking.
(4) Manufacturers shall keep the technical documentation
referred to in Schedule III and the EU declaration of conformity for
10 years after the electrical equipment has been placed on the market.
(5) Manufacturers shall ensure that procedures are in place for
series production to remain in conformity with these regulations.
Changes in product design or characteristics and changes in the
harmonised standards referred to in regulation 12(1), the international
or national standards referred to in regulations 12(2) and 12(3), or in
other technical specifications by reference to which conformity of
electrical equipment is declared shall be adequately taken into
account.
(6) When deemed appropriate with regard to the risks
presented by electrical equipment, manufacturers shall, to protect the
health and safety of consumers, carry out sample testing of electrical
equipment made available on the market, investigate, and, if
necessary, keep a register of complaints, of non-conforming electrical
equipment and electrical equipment recalls, and shall keep
distributors informed of any such monitoring.
(7) Manufacturers shall ensure that electrical equipment which
they have placed on the market bears a type, batch or serial number or
other element allowing its identification, or, where the size or nature
of the electrical equipment does not allow it, that the required
information is provided on its packaging or in a document
accompanying the electrical equipment.
(8) Manufacturers shall indicate on the electrical equipment
their name, registered trade name or registered trade mark and the
postal address at which they can be contacted or, where that is not
possible, on its packaging or in a document accompanying the
electrical equipment. The address shall indicate a single point at
which the manufacturer can be contacted. The contact details shall be
in a language easily understood by end-users and the MSD.
(9) Manufacturers shall ensure that the electrical equipment is
accompanied by instructions and safety information in a language
which can be easily understood by consumers and other end-users, as
determined by the TRD. Such instructions and safety information, as
well as any labelling, shall be clear, understandable and intelligible.
(10) Manufacturers who consider or have reason to believe that
electrical equipment which they have placed on the market is not in
conformity with these regulations shall immediately take the
corrective measures necessary to bring that electrical equipment into
conformity, to withdraw it or recall it, if appropriate. Furthermore,
where the electrical equipment presents a risk, manufacturers shall
immediately inform the competent national authorities of the Member
States in which they made the electrical equipment available on the
market to that effect, giving details, in particular, of the non-
compliance and of any corrective measures taken.
(11) Manufacturers shall, further to a reasoned request from the
TRD, provide it with all the information and documentation in paper
or electronic form necessary to demonstrate the conformity of the
electrical equipment with these regulations, in either Maltese or
English. They shall cooperate with the TRD, at its request, on any
action taken to eliminate the risks posed by electrical equipment
which they have placed on the market.
(1) A manufacturer may, by a written mandate, appoint Authorised
representatives.
an authorised representative.
(2) The obligations laid down in regulation 6(1) and the
obligation to draw up technical documentation referred to in
regulation 6(2) shall not form part of the authorised representative’s
mandate.
(3) An authorised representative shall perform the tasks
specified in the mandate received from the manufacturer. The
mandate shall allow the authorised representative to do at least the
following
(a)
keep the EU declaration of conformity and the
technical documentation at the disposal of national market
surveillance authorities for 10 years after the electrical
equipment has been placed on the market;
(b) further to a reasoned request from a competent
national authority, provide that authority with all the
information and documentation necessary to demonstrate the
conformity of electrical equipment; and
(c)
cooperate with the competent national authorities, at
their request, on any action taken to eliminate the risks posed by
electrical equipment covered by the authorised representative’s
mandate.
(1) Importers shall place only compliant electrical Obligations of
importers.
equipment on the market.
(2) Before placing electrical equipment on the market
importers shall ensure that the appropriate conformity assessment
procedure has been carried out by the manufacturer. They shall ensure
that the manufacturer has drawn up the technical documentation, that
the electrical equipment bears the CE marking and is accompanied by
the required documents, and that the manufacturer has complied with
the requirements set out in regulations 6(7) and 6(8).
(3) Where an importer considers or has reason to believe that
electrical equipment is not in conformity with the safety objectives
referred to in regulation 5 and set out in Schedule I, he/she shall not
place the electrical equipment on the market until it has been brought
into conformity. Furthermore, where the electrical equipment presents
a risk, the importer shall inform the manufacturer and the MSD to that
effect.
(4) Importers shall indicate on the electrical equipment their
name, registered trade name or registered trade mark and the postal
address at which they can be contacted or, where that is not possible,
on its packaging or in a document accompanying the electrical
equipment. The contact details shall be in a language easily
understood by end-users and the MSD.
(5) Importers shall ensure that the electrical equipment is
accompanied by instructions and safety information in either Maltese
or English.
(6) Importers shall ensure that, while electrical equipment is
under their responsibility, its storage or transport conditions do not
jeopardise its compliance with the safety objectives referred to in
regulation 5 and set out in Schedule I.
(7) When deemed appropriate with regard to the risks
presented by electrical equipment, importers shall, to protect the
health and safety of consumers, carry out sample testing of electrical
equipment made available on the market, investigate and, if
necessary, keep a register of complaints, of non-conforming electrical
equipment and electrical equipment recalls, and shall keep
distributors informed of any such monitoring.
(8) Importers who consider or have reason to believe that
electrical equipment which they have placed on the market is not in
conformity with these regulations shall immediately take the
corrective measures necessary to bring that electrical equipment into
conformity, to withdraw it or recall it, if appropriate. Furthermore,
where the electrical equipment presents a risk, importers shall
immediately inform the TRD, giving details, in particular, of the non-
compliance and of any corrective measures taken.
(9) Importers shall, for 10 years after the electrical equipment
has been placed on the market, keep a copy of the EU declaration of
conformity at the disposal of the MSD and ensure that the technical
documentation can be made available to those authorities, upon
request.
(10) Importers shall, further to a reasoned request from the
TRD, provide it with all the information and documentation in paper
or electronic form necessary to demonstrate the conformity of
electrical equipment in a language which can be easily understood by
that authority. They shall cooperate with that authority, at its request,
on any action taken to eliminate the risks posed by electrical
equipment which they have placed on the market.
(1) When making electrical equipment available on the Obligations of
market distributors shall act with due care in relation to the distributors.
requirements of these regulations.
(2) Before making electrical equipment available on the
market distributors shall verify that the electrical equipment bears the
CE marking, that it is accompanied by the required documents and by
instructions and safety information in a language which can be easily
understood by consumers and other end-users in the Member State in
which the electrical equipment is to be made available on the market,
and that the manufacturer and the importer have complied with the
requirements set out in regulations 6(7) and 6(8) and regulation 8(4)
respectively.
(3) Where a distributor considers or has reason to believe that
electrical equipment is not in conformity with the safety objectives
referred to in regulation 5 and set out in Schedule I, he shall not make
the electrical equipment available on the market until it has been
brought into conformity. Furthermore, where the electrical equipment
presents a risk, the distributor shall inform the manufacturer or the
importer to that effect as well as the MSD.
(4) Distributors shall ensure that, while electrical equipment is
under their responsibility, its storage or transport conditions do not
jeopardise its compliance with the safety objectives referred to in
regulation 5 and set out in Schedule I.
(5) Distributors who consider or have reason to believe that
electrical equipment which they have made available on the market is
not in conformity with these regulations shall make sure that the
corrective measures necessary to bring that equipment into
conformity, to withdraw it or recall it, if appropriate, are taken.
Furthermore, where the electrical equipment presents a risk,
distributors shall immediately inform the MSD, giving details, in
particular, of the non-compliance and of any corrective measures
taken.
(6) Distributors shall, further to a reasoned request from a
competent national authority, provide it with all the information and
documentation in paper or electronic form necessary to demonstrate
the conformity of electrical equipment. They shall cooperate with that
authority, at its request, on any action taken to eliminate the risks
posed by electrical equipment which they have made available on the
market.
(1) Cases in which obligations of manufacturers apply
to importers and distributors.
(2) An importer or distributor shall be considered a
manufacturer for the purposes of these regulations and he shall be
subject to the obligations of the manufacturer under regulation 6,
where he places electrical equipment on the market under his name or
trade mark or modifies electrical equipment already placed on the
market in such a way that compliance with these regulations may be
affected.
(1) Economic operators shall, on request, identify the
following to the MSD
(a)
who has supplied them with electrical equipment;
and
(b)
to whom they have supplied electrical equipment.
(2) Economic operators shall be able to present the
information referred to in sub-regulation (1) for 10 years after they
have been supplied with the electrical equipment and for 10 years
after they have supplied the electrical equipment.
(1) Electrical equipment which is in conformity with
harmonised standards or parts thereof the references of which have
been published in the Official Journal of the European Union shall be
presumed to be in conformity with the safety objectives referred to in
regulation 5 and set out in Schedule I covered by those standards or
parts thereof.
(2) Where harmonised standards referred to in sub-regulation
(1) have not been drawn up and published, for the purposes of making
available on the market or free movement as referred to in regulations
5(1) and 5(3) respectively, electrical equipment which complies with
the safety provisions of the international standards set out by the
International Electrotechnical Commission (IEC) in respect of which
the publication procedure laid down in sub-regulation (1) and in this
sub-regulation has been applied, shall also be regarded as complying
with the safety objectives referred to in regulation 5 and set out in
Schedule I.
(3) Where harmonised standards referred to in sub-regulation
(1) have not been drawn up and published and international standards
referred to in regulation 13 have not been published, for the purpose
of making available on the market or free movement as referred to in
regulation 5, electrical equipment manufactured in accordance with
the safety provisions of the standards in force in the Member State of
manufacture, if it ensures a safety level equivalent to that required in
their own territory, shall also be regarded as complying with the
safety objectives referred to in regulation 5 and set out in Schedule I.
(1) The EU declaration of conformity shall state that the EU declaration
fulfilment of the safety objectives referred to in regulation 5 and set of conformity.
out in Schedule I has been demonstrated.
(2) The EU declaration of conformity shall have the model
structure set out in Schedule IV, shall contain the elements specified
in Module A as set out in Schedule III and shall be continuously
updated. It shall be translated into the language or languages required
by the Member State in which the electrical equipment is placed or
made available on the market.
(3) Where electrical equipment is subject to more than one
Union act requiring an EU declaration of conformity, a single EU
declaration of conformity shall be drawn up in respect of all such
Union acts. That declaration shall contain the identification of the
Union acts concerned including their publication references.
(4) By drawing up the EU declaration of conformity, the
manufacturer shall assume responsibility for the compliance of the
electrical equipment with the requirements laid down in these
regulations.
(1) The CE marking shall be subject to the general CE marking.
principles set out in Article 30 of Regulation (EC) No 765/2008.
(2) The CE marking shall be affixed visibly, legibly and
indelibly to the electrical equipment or to its data plate. Where that is
not possible or not warranted on account of the nature of the electrical
equipment, it shall be affixed to the packaging and to the
accompanying documents.
(3) The CE marking shall be affixed before the electrical
equipment is placed on the market.
(4) Improper use of the CE marking shall subject the relevant
economic operator/s to the measures described in regulation 19.
Article 15(3) and Articles 16 to 29 of Regulation (EC) No
765/2008 shall apply to electrical equipment.
(1) Where the MSD has sufficient reason to believe that
electrical equipment covered by these regulations presents a risk to
the health or safety of persons or domestic animals, or to property, the
relevant economic operators shall cooperate as necessary for the
MSD to carry out an evaluation in relation to the electrical equipment
concerned covering all relevant requirements laid down in these
regulations.
(2) Where, in the course of the evaluation referred to in sub-
regulation (1), the MSD finds that the electrical equipment does not
comply with the requirements laid down in these regulations, they
shall without delay require the relevant economic operator shall
without delay take all appropriate corrective actions to bring the
electrical equipment into compliance with those requirements, to
withdraw the electrical equipment from the market, or to recall it
within a reasonable period, commensurate with the nature of the risk,
as they may prescribe.
(3) Article 21 of Regulation (EC) No 765/2008 shall apply to
the measures referred to in regulation 16(3).
(4) Where the MSD considers that non-compliance is not
restricted to its national territory, it shall inform the Commission and
the other Member States of the results of the evaluation and of the
actions which it has required the economic operator to take.
(5) The economic operator shall ensure that all appropriate
corrective action is taken in respect of electrical equipment concerned
that it has made available on the market throughout the European
Union.
(6) Where the relevant economic operator does not take
adequate corrective action within the period referred to in the second
sub-regulation (2), the MSD shall take all appropriate provisional
measures to prohibit or restrict the electrical equipment’s being made
available on the national market, to withdraw the electrical equipment
from that market or to recall it.
(7) The MSD shall inform the Commission and the other
Member States, without delay, of those measures.
(8) The information referred to in the sub-regulation (7) shall
include all available details, in particular the data necessary for the
identification of the non-compliant electrical equipment, the origin of
the electrical equipment, the nature of the non-compliance alleged
and the risk involved, the nature and duration of the national
measures taken and the arguments put forward by the relevant
economic operator. In particular, the MSD shall indicate whether the
non-compliance is due to either of the following
(a)
failure of the electrical equipment to meet the safety
objectives referred to in regulation 5 and set out in Schedule I
relating to the health or safety of persons or domestic animals,
or to property; or
(b) shortcomings in the harmonised standards referred
to in regulation 12(1) or in the international or national
standards referred to in regulations 12(2) and 12(3) conferring a
presumption of conformity.
(1) Where, having carried out an evaluation under Compliant
regulation 16(1), the TRD finds that although electrical equipment is electrical
equipment
in compliance with these regulations, it presents a risk to the health or which
risk.
safety of persons, or to domestic animals or to property the relevant
economic operator shall take all appropriate measures to ensure that
the electrical equipment concerned, when placed on the market, no
longer presents that risk, to withdraw the electrical equipment from
the market or to recall it within a reasonable period, commensurate
with the nature of the risk, as it may prescribe.
(2) The economic operator shall ensure that corrective action
is taken in respect of all electrical equipment concerned that he has
made available on the market throughout the Union.
(3) The MSD shall immediately inform the Commission and
the other Member States. That information shall include all available
details, in particular the data necessary for the identification of the
electrical equipment concerned, the origin and the supply chain of the
electrical equipment, the nature of the risk involved and the nature
and duration of the national measures taken.
(1) Without prejudice to regulation 16, where the MSD Formal non-
makes one of the following findings, it shall require the relevant compliance.
economic operator to put an end to the non-compliance concerned
(a)
the CE marking has been affixed in violation of
Article 30 of Regulation (EC) No 765/2008 or of regulation 14.
(b)
the CE marking has not been affixed;
(c)
the EU declaration of conformity has not been
drawn up;
(d) the EU declaration of conformity has not been
drawn up correctly;
(e)
technical documentation is either not available or
not complete;
(f)
the information referred to in regulation 6(8) or
regulation 8(4) is absent, false or incomplete;
(g) any other administrative requirement provided for in
regulation 6 or regulation 8 is not fulfilled.
(2) Where the non-compliance referred to in sub-regulation (1)
persists, the MSD shall take all appropriate measures to restrict or
prohibit the electrical equipment being made available on the market
or ensure that it is recalled or withdrawn from the market.
Economic operators failing to comply with the
requirements of these regulations are subject to the provisions of
article 26 of the Product Safety Act.
The Low Voltage Electrical Equipment Regulations are
hereby repealed.